Phyllis Brown as Administratrix for the v Bell & Gossett Company et al.

Motion No: M-1417

Slip Opinion No: 2018 NYSlipOp 72369(U)

Decided on May 15, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 15, 2018

Phyllis Brown, as Administratrix for the

Estate of Harry E. Brown, and Phyllis

Brown, Individually,

Plaintiff-Appellant-Respondent,

v

Bell & Gossett Company, et al.,

Defendants,

-and-

Consolidated Edison Company of New York,

Inc.,

Defendant-Respondent-Appellant.

An appeal having been taken by plaintiff from an order of the Supreme Court, New York County, entered on or about December 12, 2017 and an appeal and cross appeal having been taken from a judgment of the same Court and Justice, entered on or about December 19, 2017, And plaintiff-appellant-respondent having moved for dismissal of the cross appeal taken from the aforesaid judgment entered on or about December 19, 2017, or in the alternative, limiting the cross appeal to any appealable matters arising following the entry of Supreme Court's August 29, 2014 order, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is denied. ENTERED: May 15, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Troy K. Webber Peter H. Moulton, Justices

M-1417

Index No. 190415/12